Baral

California’s anti-SLAPP statute provides that “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech . . . shall be subject to a special motion to strike, unless the court determines . . . there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16, subd. (b)(1).) This case raises a question that has perplexed the Courts of Appeal: How does the special motion to strike operate against a so-called ‘“mixed cause of action” that combines allegations of activity protected by the statute with allegations of unprotected activity?

The difficulty arises from the statute’s use of the term ‘“cause of action,” which has various meanings. It may refer to distinct claims for relief as pleaded in a complaint. These are usually set out as ‘“first cause of action,” ‘“second cause of action,” and so forth. But the term may also refer generally to a legal claim possessed by an injured person, without reference to any pleading. A person may have a cause of action for defamation or breach of contract even if no suit has been filed. In theory, the right of an injured party…